In a broad sense, most individuals who intend to become Permanent Residents (Green Card holder) of the U.S., must go through two steps:STEP 1: An employer or relative must file an immigrant petition (I-130, I-140, or I-360) with USCIS on your behalf establishing your eligibility for a green card through employment or a family relationship. If you are the spouse or child of a U.S. citizen's immediate relative, you must independently qualify for a Green Card and file your own application. Demand for and supply of immigrant visas. Your green card priority date is based on your preference category and your birth country. Family-Based Green Card Lawyers Do I have to wait a certain amount of time after getting my GC before I can sponsor someone? After the approval of the I-140 petition, the applicant can chose whether to adjust their status within the US or to conduct consular processing overseas. The dates can move forward and go back each month. Your place in the waiting line for your green card is called a Priority Date. Preference: F1 F2A F2B F3 F4 EB1 EB2 EB3 EB4 EB5 Rest Of World China India Mexico Philippines. My Green card priority date is March 2013. Prospective immigrants whose priority dates are earlier than the cutoff date listed in that month's chart will become eligible to apply for a visa ("Dates for Filing" chart) or receive a visa or green card ("Application Final Action Dates" chart). Senior Member. For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative, or in certain instances the Form I-360, Petition for Amerasian, Widow or Widower, or Special Immigrant, is properly filed with USCIS. If you don't know what a "visa bulletin" or a "priority date" is, we've got you covered. For example, if the Visa Bulletin shows a date of 15DEC07 for China in the family preference category (F1), visas are currently available for immigrants who have a priority date earlier than Dec. 15, 2007. The priority date given for him is January 2016. I think we got extremely lucky as the entire process from filing date to receipt of green card took exactly 8 months. Aliens with a priority date before the date listed on the family-based or employment-based charts (final action date) are able to obtain their green card. Because the USCIS only allows a certain number of immigrant visas to be issued each year, the family-based green card processing time can vary from case to case. Category: EB2. I understand section A is where the visas are currently being issued for. What is the priority date for family based green card? Hi, I am currently in India. In such cases, there are lot more green card numbers available for Employment based, so the Priority dates can move forward significant. A family-based green card applicant whose priority date is more than 2 years old could apply to adjust their status by paying a $2,500 fee. The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date. Those family members that do not meet the above requirements to qualify for an immediate visa may qualify for a preference. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C - Derivatives . INA §202 sets the per-country limit for preference immigrants at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The SEPTEMBER 2021 Visa Bulletin summarizes "Application Final Action Dates" and "Dates for Filing Applications." These indicate when to notify immigrant visa applicants to assemble and submit required documentation to the National Visa Center (NVC) regarding Family-Based Priority Dates (FB). If you are the spouse or unmarried child (under 21 years of age) of a family-based principal applicant, you may apply for a Green Card as a derivative applicant. Priority Date: Feb-08. The priority date always matters until you get your green card. Priority date was August 16. Family-based green card applicants under this category may also experience quite a long processing time of up to 12 months and above. Blog. There are two classes of family based Green Cards: Immediate relatives are the spouses, unmarried minor children, and parents of U.S. citizens. All family preference green card petitions are subject to numerical limitation. Our family-based green card legal services include: determining what family-based category an applicant may be eligible for; assessing whether the petitioner and the beneficiary meet the necessary criteria to . (Follow this link to go to State Department's Visa Bulletin web page) For this month (October 2020), following are the priority dates (final action date as well as date one can file for immigrant visa or adjustment of status): FAMILY-SPONSORED PREFERENCES First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for[Read More] Preference based family immigrants can apply for a green card after their priority (filing) dates have been reached. Applying for a Green Card. Basis of Green Card Priority Date. However, due to the decades-long wait for the visa numbers to be available, some life changes might have occurred which . My I-485 was approved at the end of October. The priority date given for him is January 2016. Example of How to Use the Visa Bulletin for a Family-Based Green Card. Understanding When the Chart Says Your Priority Date Is Current. If the Priority Date on the I-797 Approval Notice is the same as or earlier than the date that appears in the cell reserved for applicants from your sibling's country in the "4th" Family preference category, then a visa number is available and your sibling can proceed with the "Green Card" application. Priority Date is the date when you had your green card case started. We will update this table when we receive more data from USCIS/DOS. . The Priority Dates charts include Family-Based Priority Dates (FB), Employment- Based Priority Dates (EB) and Cut-Off Number that apply to individuals who have been selected in the annual DV Green Card Lottery. The monthly Visa Bulletin, published by the Department of State Visa Office (VO) around the 8th of each month, lists cut-off dates for a particular time frame, including Employment-Based Priority dates (EB), Family-Based Priority dates (FB) and DV Green Card Lottery Cut-Off numbers. Evidence includes the time and date of the call, the name (or ID number of the staff member you spoke with), and the service request referral number. The time a foreign national has to wait for an . He lives in India. Family based Your priority date is the date when your Form I-130, Petition for Alien Relative, was received by the USCIS. A green card cannot be issued unless the applicant's priority date is earlier that the Final Action Date listed on the visa bulletin. F2B family based green card. "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. This development is happening almost unnoticed in the shadow of the media's focus on the southern . Demand and supply of immigrant visas. Note: If you are applying for an employment-based green card based on an Approved Labor Certification, then your Priority Date is the date that your Labor Certification was filed. You cannot qualify for a Green Card as the derivative beneficiary based on the immediate relative's application. Permalink. Citizenship and Immigration Services (USCIS) received your I-130 petition. For example, the Mexican unmarried sons and daughters of a U.S. citizen (F1 preference) have a priority date of January 15, 1999. Green Card for an Immediate Relative of a U.S. Citizen. For all the other family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for December 2021. The best possible explanation that we could find was on this B3 blog based on their understanding of US immigration laws. Posted by: vish525 on 10/17/2021 11:22 AM EDT. Filing family-based petitions for relatives is the way to reunite family members and bring them to the United States. My parents filed for a family based green card for unmarried brother (F1). During that time period, what would be my kids' status? 0. Employment Authorization and Advance Parole Documents. Applicants may select either Adjustment of Status or Consular Processing as the mechanism . For family-based petitions, the . Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State's National Visa Center . Priority Date: USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. Most people that petition for a green card have a priority date. Green Card Process. I485 Mailed Date: Join Date . Estimate my green card date. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. I understand section A is where the visas are currently being issued for. If an adopted child has lived with the family (adoptive parents) under legal authority for 2 years, he/she would be regarded as a child under immigration law. In addition to setting an overall limit on the number of green cards that can be issued per year, Congress also limits the number of available green cards based on country of origin. Final Action Dates. And in some cases, it may be as long as 5 to 10 years. In such cases, there are lot more green card numbers available for employment based, so the priority dates can move forward significantly. I-140's are subject to priority dates. Processing Stage: I-140. Nov 16, 2021. Those family members that do not meet the above requirements to qualify for an immediate visa may qualify for a preference. Family-Based Green Card Processing Time | Priority Dates, Preference, Cost Many times, the most difficult part of the immigration process is the wait. Travel state. USCIS can only issue green cards to those applicants whose Priority Date is before the cutoff date listed in . F2B. I140 Mailed Date: 05/13/2008. Priority date was August 16. Green Card Calculator: You can use GC calculator to estimate when your priority date may become current. 23 Mar 2017. admin. For Employment-Based Preference Filings: USCIS will not accept any new employment-based fifth preference adjustment of status applications based on the Regional Center Program until that . Note: Priority dates are not relevant for immediate relatives of U.S. Citizens (e.g., spouses or minor children) as that category is always current. Family Members. Chargeability: India. It is established based on the date that a properly filed I-130 is received by the USCIS. In fact, for EB3, India the 'dates for filing' moved by 4 years 11 months primarily driven by the spill over from family-based categories. F2B. Some of the key steps include the following: DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. 2. Was told to wait for my priority date to become current. Priority Dates for Family-Sponsored Preference Cases. The two broadest categories are family-based green cards (226,000), which include marriage-based green cards, and employment-based green cards (140,000). Family based immigration helps unite families who want to be together in the United States. Consequently, they may be able to get a green card at the same time the parents get a green card. Our Family-Based Green Card Legal Services. The CIS Ombudsmen will intervene on your application's behalf to request that USCIS reviews the issue. Unmarried Sons and Daughters (21 years of age or older): The U.S. Department of State released its Visa Bulletin for December 2021 . Family- and employment-based green cards. Immigrant Visa Issuance. gov shows currently they are reviewing September for final dates. Recapture of unused green card numbers. This date will be printed on your notice of receipt from the USCIS and should be noted as one of the most important dates concerning your green card processing time. If the 'DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS' becomes current for my case He lives in India. The BBB Act, provides for recapturing unused family and employment based green card numbers . What is the difference between section A and section B below? Start by checking out . The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date. Priority Date. What about section B - is there any additional paper work to file? I got my interview and biometrics done in February. Because the USCIS only allows a certain number of immigrant visas to be issued each year, the family-based green card processing time can vary from case to case. Family based greencard. Further, for example, if family based green cards are not used up, like in FY 2021 due to the travel bans, they could be allotted to employment based green cards. 4 November 2021 6:58 am However, not all relatives are able to petition for one another, which makes the family based system a little complicated. How to Apply for a Green Card. F2B family based green card. I recently received my marriage based green card and wanted to detail my experience here. Your priority date is your place in line for a green card. While employment-based green card applicants are seeing unprecedented backlogs in their priority dates, notably in the EB-1 category reserved for "priority workers", family-sponsored green card applicants are seeing their priority dates advance at a pace not seen in the last few years.. If you get divorced before you apply for an immigrant visa or adjustment of status, your visa petition is cancelled and you and your derivative beneficiaries lose your green card eligibility.. Family Based Green Cards are processed directly with USCIS. If your PD date is current in the 'Date of filing chart' then you can file: Form i-485 for a green card The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S . The wait time may be several months or several years depending on your preference category and your country of . The Visa Bulletin will let you know what priority date is currently being processed for a visa that month. The great advantage of this category is that there are no quotas, and no waiting periods beyond the time needed to process the necessary applications. To calculate when your priority date . Can I sponsor her for a family-based green card? Per-country visa limitations. Family-Based Green Card Processing Time | Priority Dates, Preference, Cost Many times, the most difficult part of the immigration process is the wait. An applicant's priority date is the day that the government receives the I-130 Petition. The people who will be given priority dates, and potentially face a wait, include those in the family-based or employment-based preference categories. The word "Current" in the Visa Bulletin indicates that no backlog presently exists in a particular category. You can find your priority date on the Form I-797 Approval Notice you received when your immigrant petition was approved. Think of this date as your place in the green card line. Exception: If you are a victim of emotional or physical abuse by your petitioner spouse, you can file a special self-petition called a Form I-360, Petition for Amerasian . Family based to Employment Based Spillover. USCIS Visa Bulletin is used to find your US green card priority date. You can check your priority date by visiting the Department of State's Visa Bulletin here. B. The priority date is used to determine each applicant's place in the visa waiting line. Family-based immigration can take many years to complete due to slow processing times, huge backlogs, and the limited number of visas available in the family-sponsored, preference categories. The two key beneficial issues contained in the BBB Act are: 1. However, my wife's I-485 is still pending, and the cutoff date has now retrogressed before my priority date. As described above, Step 2 cannot be filed until the priority date is available (see the Clark Hill website for more on priority dates). Employment-based green card applicants with a priority date that is more than 2 years old could also apply to adjust their status by paying a $5,000 fee. How to Apply for a Green Card. For every family-based green card application, the priority date is written on the I-797 and mailed to the applicant after the approval of the I-130 petition. What is the difference between section A and section B below? The worldwide level for annual employment-based preference immigrants is at least 140,000. Please see May 2022 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): Family Based: View Latest VB. . Would there be a problem later on with it? You can use the Visa Bulletin to estimate your wait time by monitoring how quickly you are moving up in line. Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. Green Card for an Immediate Relative of a U.S. Citizen. Dates For Filing Applications. June 13, 2018. Unmarried Sons and Daughters (21 years of age or older): . Applying for a green card can be a complex process.